By using EasyRogs you are agreeing to the following Terms of Service. Please read them all carefully.
EasyRogs is owned and operated by Schwartz Law, P.C. and is provided for your use ("User") under these Terms of Service ("ToS") and any policies and procedures that may be instituted by EasyRogs. The ToS constitutes the entire agreement between EasyRogs and User and supersedes any and all prior agreements between the parties.
BY AGREEING TO THIS TOS, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN.
EasyRogs provided Users with the ability to propound and respond to discovery, electronically, via the internet.
User agrees that EasyRogs has the right to terminate User's account and refuse any and all current or future access and use of EasyRogs.
User agrees to accept service of discovery via EasyRogs.
User agrees to pay EasyRogs' current price for propounding and responding to discovery via EasyRogs.
User agrees that it is solely responsible for maintaining the confidentiality of its user name, password, and all information added to EasyRogs using User's name and password. User agrees to immediately notify EasyRogs of any unauthorized use of User's account or any other breach of security known to User.
User agrees not to seek damages from EasyRogs, under any conditions, exceeding the price User paid for the subject single service of discovery (either propounded or responded to).
User agrees to provide all equipment necessary to access the internet and EasyRogs and pay all current fees associated with such access.
User agrees that EasyRogs may disclose information to third parties in order to comply with its legal obligations, as set forth in Paragraph 4, below.
User agrees that it uses EasyRogs at its own risk.
User agrees to abide by all applicable local, state, national, and international laws and regulations in User's use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other users. User agrees to be solely responsible for User's actions and the contents of User's transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to an EasyRogs official or falsely state or otherwise misrepresent its affiliation with any person or entity.
User agrees (a) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (c) not to use the Service for illegal purposes; (d) not to interfere or disrupt networks connected to the Service; and (e) to comply with all regulations, policies and procedures of networks connected to the Service.
User agrees not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. User further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. User shall not interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Finally, User agrees not to advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or use the Service for any commercial purpose, post or transmit "junk mail", "spam", "chain letters", or unsolicited mass distribution of email.
EasyRogs considers the User's information to be the private and will not monitor or disclose such information except in the good faith belief that such action is reasonably necessary to comply with the law or enforce the ToS.
User agrees that EasyRogs may access its information as necessary to identify or resolve technical or other problems. User agrees that certain technical processing of information is and may be required to (a) send or receive data; (b) perform planning or scheduling; or (c) conform to technical or other issues.
User agrees that EasyRogs does not endorse any content created or transmitted via EasyRogs and is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
EasyRogs may change the terms and conditions of the ToS from time to time without notice to User. Any amendment shall be effective immediately. Each use by User reaffirms User's acceptance of, and agreement, to be bound and to abide by the ToS, as amended.
EasyRogs reserves the right to modify or discontinue its service, temporarily or permanently, for any reason, and at its sole discretion without notice to User. User agrees that EasyRogs shall not be liable to User or any third-party for any modification or discontinuance.
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EASYROGS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EASYROGS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EASYROGS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE NOT OCCUR OR WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM EASYROGS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EASYROGS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF EASYROGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT EASYROGS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
USER FURTHER AGREES THAT THE MAXIMUM AMOUNT EASYROGS MAY BE LIABLE FOR, UNDER ANY CONDITIONS OR CIRCUMSTANCES SHALL BE THE PRICE USER PAID FOR THE SUBJECT SINGLE SERVICE OF DISCOVERY (EITHER PROPOUNDED OR RESPONDED TO).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
User agrees to indemnify and hold EasyRogs, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's violation of this ToS, or the infringement by User of any intellectual property or other right of any person or entity.
User agrees that EasyRogs may terminate User's account and access to EasyRogs for any reason, at its sole discretion, including, without limitation, if EasyRogs believes (a) that User has violated or acted inconsistently with the letter or spirit of the ToS, or (b) that User has violated the rights of EasyRogs or other Users or parties.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that EasyRogs may immediately delete and discard all information and files in User's account and bar any further access to such files or the Service.
EasyRogs may, but is not in any way obligated to, enforce these ToS against any user.
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, EasyRogs may post notices or links to notices through the Service to inform User of changes to the ToS, the Service, or other matters of importance.
The ToS and the relationship between User and EasyRogs shall be governed by the laws of the State of California without regard to its conflict of law provisions. User and EasyRogs agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California.
The failure of EasyRogs to exercise or enforce any right or provision of the ToS shall not constitute a waiver of such right or provision. If any provision of the ToS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the ToS remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the ToS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the ToS are for convenience only and have no legal or contractual effect.